The moments after a car accident in Phoenix are disorienting, and it can be difficult to know what to do first. Arizona law creates specific legal duties for every driver involved in a crash, and the steps you take in the immediate aftermath can affect both your safety and how your insurance claim is handled later. Knowing what those duties are and what evidence matters most gives you a clearer path forward during a stressful situation.
Quick Reference: What to Do After a Crash
| 1 | Ensure Safety | Check for injuries; call 911 if anyone is hurt; move vehicles out of traffic only if safe to do so |
| 2 | Stop & Stay | Arizona law requires you to stop and remain at the scene until all duties are fulfilled (ARS 28-661) |
| 3 | Exchange Information | Provide name, address, license, and registration to all drivers, officers, and injured persons (ARS 28-663) |
| 4 | Call Law Enforcement | Always call if there are injuries, significant damage, or any dispute about what happened |
| 5 | Document the Scene | Photograph damage, positions, skid marks, road signs, and any visible injuries before anything is moved |
| 6 | Seek Medical Care | Get evaluated as soon as possible, even for injuries that seem minor at the scene |
| 7 | Notify Your Insurer | Report the accident promptly; stick to basic facts and avoid speculating about fault |
Step 1: Safety First
No legal consideration outweighs immediate safety. After a collision:
- Check yourself and your passengers for injuries
- Call 911 immediately if anyone appears hurt, some injuries are not obvious right away
- If vehicles can be safely moved out of active traffic without making things worse, do so
- If injuries are serious or vehicles are not safely movable, wait for emergency personnel before relocating anything
Step 2: Your Legal Duty to Stop and Remain (ARS 28-661)
Arizona imposes clear legal duties on every driver involved in an accident. Under Arizona Revised Statutes Section 28-661, any driver involved in an accident that results in injury or death must:
- Immediately stop the vehicle at the scene or as close to it as possible
- Immediately return to the scene if they have moved
- Remain until all duties under Section 28-663 are fulfilled
Leaving the scene carries serious criminal consequences:
- Class 5 felony for leaving the scene of an accident involving physical harm
- Class 3 felony if the driver caused the accident
Even when damage appears minor, leaving before exchanging information and verifying no assistance is needed creates legal and practical problems that can complicate any future claim.
Step 3: Exchange Information and Render Assistance (ARS 28-663)
Under Arizona Revised Statutes Section 28-663, a driver involved in an accident resulting in injury, death, or vehicle damage must provide:
- Their name and address
- Their driver’s license
- Vehicle registration information
This information must be given to the other driver, any police officer at the scene, and any person injured in the crash.
Drivers must also render reasonable assistance to any injured person, including calling for or arranging medical help if treatment is clearly needed or requested.
While still at the scene, also collect:
- Names and contact information of any witnesses who observed the collision
- Insurance information from all involved drivers
Step 4: When to Contact Law Enforcement
In Phoenix, call law enforcement whenever:
- Someone is injured
- There is significant property damage
- There is any dispute about how the accident occurred
- The facts of the crash are unclear
An officer’s written accident report becomes a foundational piece of documentation in the claims process. It records:
- The time, location, and conditions of the accident
- Statements from involved parties and witnesses
- The officer’s observations, which may include preliminary fault assessments
This report can be requested later through the relevant agency and is frequently reviewed by insurance adjusters. For minor crashes involving only vehicle damage, Arizona does not require mandatory reporting to law enforcement in all circumstances, but a written report is strongly advisable in most situations.
Step 5: Document the Scene While You Can
Physical evidence at an accident scene changes quickly. While still at the scene and while safe to do so, photograph and video the following:
- All vehicle damage, including the position and angle of impact
- License plates of all vehicles involved
- Surrounding road conditions
- Skid marks and debris patterns
- Traffic signals and signs in the area
- Any visible injuries
Also note any surveillance cameras mounted on nearby buildings or businesses. Request preservation of any footage immediately or through an attorney as soon as possible, many systems overwrite recordings within 24 to 72 hours.
Documentation gathered at the scene is often the most reliable and will be harder to challenge than descriptions or reconstructions made later.
Step 6: Get Medical Attention Promptly
Seeking medical care as soon as possible matters both for your health and for your claim. Injuries such as whiplash, soft tissue damage, concussions, and internal injuries may not produce obvious symptoms at the scene.
Why prompt medical care matters for your claim:
- Creates a clear connection between the accident and your injuries
- Identifies conditions that are not yet apparent at the scene
- Prevents adjusters from arguing injuries were not serious or did not result from the accident
Insurance adjusters pay close attention to the timeline between the accident and the first medical visit. Gaps in that timeline are frequently used to argue that injuries were not serious, did not result from the crash, or resolved more quickly than claimed. Seeking evaluation promptly, even for injuries that seem minor, protects both your health and your legal position.
Step 7: Notify Your Insurance Company
After the immediate situation is handled, notify your insurance company of the accident. When reporting:
- Provide accurate basic facts about what happened
- Avoid speculating about fault
- Do not make statements that go beyond what you directly know
Your insurance policy likely requires prompt reporting as a condition of coverage, and early notice helps the process begin on the right footing.
Important: If you are contacted by the other driver’s insurance company requesting a recorded statement, you are not legally required to provide one before consulting with an attorney. Early recorded statements can be used to limit the value of claims when made before the full picture of injuries and liability is clear.
How Arizona’s Comparative Fault Law Affects Your Claim
Arizona follows a pure comparative negligence system under Arizona Revised Statutes Section 12-2505. This means:
- Fault can be divided among multiple parties
- A claimant’s recovery is reduced by their percentage of responsibility
- Unlike some states, Arizona allows recovery at any fault level, even if you are partially at fault, you can still recover
Because of this system, every piece of evidence gathered at the scene directly affects how fault is apportioned. Thorough photos, an accurate police report, credible witness accounts, and consistent medical records all contribute to establishing the other party’s responsibility while limiting arguments that you shared fault.
The Two-Year Deadline for Filing an Injury Claim
In Arizona, most personal injury claims arising from car accidents must be filed within two years of the date of the crash under Arizona Revised Statutes Section 12-542.
Key deadlines to know:
- Personal injury claims, 2 years from the date of the crash
- Property damage claims, 2 years from the date of the crash
- Wrongful death, 2 years from the date of death (ARS 12-611)
- Claims involving government entities (e.g., city buses, government vehicles), Notice of Claim required within 180 days under ARS 12-821.01
Insurance negotiations do not pause this clock. If discussions extend over many months and no lawsuit is filed before the deadline, the claim may be permanently barred.
Filing Deadline Reminder: Under ARS 12-542, Arizona personal injury claims generally must be filed within two years of the accident date. For claims against government entities, a 180-day Notice of Claim is required under ARS 12-821.01, which is far shorter. These deadlines run from the date of the injury regardless of ongoing insurance negotiations.
Speak With a Phoenix Car Accident Attorney
Knowing your legal duties and documenting the scene properly lays the foundation for a stronger claim under Arizona law. Kamper and Estrada, PLLC is ready to help. Reach out through the contact page or call (602) 875-0006 to discuss your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.